333 Conn. 30
Conn.2019Background
- Feb. 2013 blizzard: Governor declared a statewide civil preparedness emergency; Bridgeport mayor declared a city emergency; the city activated its Emergency Operations Center (EOC) and centralized command for storm response and snow removal.
- Severe snow left hundreds of secondary roads impassable; EOC limited regular fire/police responses, suspended/planned ambulance operations, and coordinated with the state and National Guard for clearing.
- On Feb. 11, 2013, Tyrone Tillman called 911 for severe breathing difficulty; AMR ambulance responded ~9 minutes after dispatch, the fire department did not respond, and Tillman died after transport.
- Plaintiff sued Bridgeport (among others) alleging negligent emergency response and highway defect; Bridgeport moved for summary judgment asserting immunity under Conn. Gen. Stat. § 28-13(a).
- Trial court denied summary judgment, finding a genuine factual dispute whether the civil preparedness emergency remained in effect when Tillman died; Bridgeport appealed to the Connecticut Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of Bridgeport’s § 28‑13 immunity motion is an appealable final judgment | Sena: § 28‑13 defense is governmental immunity (not sovereign), so denial is interlocutory and not appealable | Bridgeport: § 28‑13 extends state sovereign immunity to political subdivisions here, so denial is immediately appealable | Court: § 28‑13 extends sovereign immunity to political subdivisions in these circumstances; denial was an appealable final judgment |
| Nature/scope of immunity under § 28‑13(a) — immunity from suit or only liability | Sena: statute affords immunity from liability only; municipalities have no sovereign immunity from suit | Bridgeport: statutory text and history support immunity from suit (sovereign‑type immunity) for political subdivisions acting under the statute | Court: statute ambiguous but legislative history and purpose show § 28‑13 extends the state’s sovereign immunity (suit and liability) to political subdivisions |
| Whether § 28‑13 immunity applies only during a formally declared emergency (end date significance) | Sena: immunity only while a civil preparedness emergency exists; disputed facts about whether emergency had ended preclude summary judgment | Bridgeport: immunity covers activities "in preparation for, during, and following" disasters per § 28‑1(4); end date not dispositive if city was engaged in covered activities | Court: immunity is tied to covered civil preparedness activities (preparation, during, following); not limited to a narrow formal emergency window; the trial court erred in treating the end date as dispositive |
| Whether genuine issue of material fact existed as to § 28‑13 applicability on Feb. 11, 2013 | Sena: testimony shows some EOC restrictions were lifted and declarations revoked dates are ambiguous, creating factual dispute | Bridgeport: record shows EOC maintained command, roads remained uncleared, FEMA incident period, and executive orders — showing city was engaged in covered activities on Feb. 11 | Court: the plaintiff’s cited factual variations are not material; ample evidence shows Bridgeport was engaged in § 28‑13 civil preparedness activities on Feb. 11, so no genuine issue remained; summary judgment in favor of Bridgeport should have been granted |
Key Cases Cited
- Shay v. Rossi, 253 Conn. 134 (Conn. 2000) (denial of colorable sovereign immunity defense may be immediately appealable)
- Vejseli v. Pasha, 282 Conn. 561 (Conn. 2007) (distinguishes sovereign immunity from governmental immunity and limits interlocutory appeals for municipal immunity claims)
- State v. Curcio, 191 Conn. 27 (Conn. 1983) (two‑prong test for when an otherwise interlocutory order is appealable)
- Cahill v. Board of Education, 187 Conn. 94 (Conn. 1982) (municipal actors may be treated as state agents entitled to sovereign immunity where their actions control state activities)
- In re Henrry P. B.-P., 327 Conn. 312 (Conn. 2017) (statutory construction principles and when legislative history may be consulted)